“8…I also find that evidence of the parties was
recorded in suit titled as "Khushi Muhammad v.
Muhammad Yousaf" and was reproduced in the
other two cases. The petitioner did not object to
the course adopted by the trial Court which
exercise appears to have been undertaken with the
concurrence of the parties and their counsel. The
petitioner could not point out any prejudice
caused to his right by the complained activity and
this defect, if any, being of procedural nature,
does not affect the findings of the Courts or trial
of the suit. The petitioner having acquiesced to
the procedure adopted is now estopped to turn
back and say that evidence in all three suits
should have been recorded separately. I find that
the objection of the petitioner is only of technical
nature and does not defeat the ends of justice.”
Used in Judgement of
Lahore High Court
Civil Revision-Civil Revision (against Decree)-Und...
472-18
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